...Takes Video project. During an attempt to insert a CD, an employee cut her finger on a sharp edge of the poorly designed equipment. Two different types of torts arose in the Product Liability Video. One type, an intentional tort occurred as a result of the implied warrantee when the salesman described the benefits of the editing system. The employee’s cut finger could result in an unintentional tort because the manufacturer has the requirement of selling a safe product but did not intend to harm the employee. The main tort violation from the video involves the implied warrantee given by the Non-Linear Pro salesman. The manager of Quick Takes Video perceived the quote taken from the video Cheeseman (2010), “Any of your editors, if they’re computer savvy, they’re going to pick this up in a day, day and a half tops” (video, 02:79), as an expressed warrantee. This perception persuaded the manager to lease the equipment. Team A used enterprise risk management (ERM) to analyze the business risk associated with the violation (Harb, 2008). Adequate Compliance Standards and Procedures Company executives, managers, and supervisors of many businesses realize that the company that he or she heads should form a formal compliance program to ensure the company has a plan of action to protect the company from ethical and legal issues. With the recent downfalls of companies like Enron, many organizational heads must keep up with changes to the rules and guidelines that...
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...Overview Session | Topic | Assignments | 1 | The Manager as a Systems Thinker | Discussion Activity 1 | 2 | The Manager as a Critical Thinker | Individual Paper 1 | 3 | Legal and Ethical Environment of Business: The Manager as an Ethical Decision Maker | Discussion Activity 2 | 3 | Team Work Plan | Team assignment | 4 | Organization Theory and Design | Discussion Activity 3 | 5 | Organization Theory and Design in the Global Environment | Team Project 1Individual Matching Exercise | 6 | Legal Environment: Courts, Alternative Dispute Resolution, and Agency | Discussion Activity 4 | 7 | Critical Thinking in the Legal Environment: Torts and Products Liability | Individual Paper 2 Discussion Activity 5 | 8 | Legal Environment: Contracts and Forms of Business Organizations | Discussion Activity 6 | 9 | Knowledge Integration | Take-home Final | 10 | Corporate Social Responsibility in a Global and Technological Environment | Team Project 2 | Assignment Details Session | Module/Topics Readings/Assignments | 1 | The Manager as a Systems ThinkerObjective 1: Apply models of critical thinking and systems thinking to address complex organizational issues.Objective 2: Reflect on seminar assignments and relate the skills and knowledge gained to personal and professional goalsCompetency : Systems Thinking | Read the following articles which you can find and download from the UMUC library databases: (A) ABI/Inform(B) Business Source...
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...companies in hopes of accumulating big money is popular in today’s society. However, many people get immensely creative with their claims, creating lawsuits over ludicrous motivations. Many cases endure for years or longer. Nevertheless, the costs involved in defending a claim can be exorbitant. Unfortunately, despite every precaution, we live in a society where anyone, any business can be sued for anything. Solely because a lawsuit has been filed, however, does not mean the case has merit. This paper discusses two legal cases related to frivolous lawsuits. The first lawsuit was filed against the McDonald’s Corporation by Stella Liebeck in 1994. The second lawsuit was filed against Custom Cleaners by Roy L. Pearson, an administrative judge, in 2007. Both cases are notable and played a major role in guiding small and large companies in their responsibilities to their customers, reducing the risk of litigation, and protecting their assets to avoid unnecessary liability. Both cases will be analyzed by comparing and contrasting the facts, law, and merit. In addition, this paper will examine ethical issues and address the topic of frivolous lawsuits as they apply to the two cases. Finally, this paper will argue ways in which each company could have used better risk management techniques to avoid the lawsuits. The Facts McDonald’s No matter the precaution one tries to take when handling hot substances, there is always a chance of an accident, as was the case in Liebeck v. McDonald’s...
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...Critical Thinking in the Legal Environment: Torts and Product Liability A Review of the Pearson v. Chung and Liebeck v. McDonald’s Restaurants Lawsuits Executive Summary This paper will compare and contrast the legal and ethical factors surrounding the Liebeck v. McDonald’s and Pearson v. Chungs lawsuits all of which have been labeled frivolous. The first case is of Liebeck v. McDonald’s, Liebeck simply wanted a cup of coffee from McDonald’s. The second case of Pearson v. Chung, Pearson entrusted the care of his designer apparel to his local drycleaner. Should consumers stop trusting that companies have our best interest at heart and not their bottom line? Liebeck purchased a cup of coffee at the drive through of McDonald’s, the driver pulls to the side so she can add the sugar and cream. Maybe her mistake was putting the cup between her knees; perhaps there were no available cup holders. The cup tips over spilling the piping hot coffee all over her lap. McDonald’s is aware that the coffee they brew at over 190 degrees has burnt hundreds of consumers because they have settled more than $500,000 worth of complaints. Yet McDonald’s has refused this particular woman’s claim for her medical bills amounting to $11,000.00, forcing her to take legal action. Next, Pearson, a prominent attorney promoted to Administrative Law Judge in Washington D.C., excited about his newly acquired stature is eager to begin his job, which in turn requires him to wear a suit every day...
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...Grading Criteria - Individual Assignment Critical Thinking in the Legal Environment: Torts and Products Liability Objective 1: Apply models of critical thinking and systems thinking to address complex organizational issues. Objective 4: Analyze the link between ethics and organizational effectiveness Objective 5: Apply legal concepts in the business environment to managerial decision-making and implementation Competencies: Critical Thinking, Information Literacy/Research Skills, Communication Skills Assignment: Research the McDonald's and Pearson cases, and in 10-12 double-spaced pages compare and contrast the facts, law, and merits of the two lawsuits by answering the following questions. Include an introduction and conclusion in your paper. |Criteria |Exceeds Expectations |Meets Expectations |Below Expectations | |Assignment Questions | | | | |1. What are the facts? |Clearly identifies and explains a majority of|Generally correct in identification of |Does not correctly identify the relevant Facts. | | |the relevant Facts in each case. |the relevant Facts, but includes some |Important facts are missing and/or there are an...
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...Memorandum Macro- and Micro- Economic Factors and Legal Considerations That may influence ABC Complete Kitchen Inc., SKS5000-8 Comprehension Strategic Knowledge Studies Mohamed Benhalla October 26th, 2014 Professor Karl LIyod Memorandum To: ABC Completes Kitchen, Inc. From: Mohamed Benhalla Date: October 26th, 2014 Subject: Micro- and micro- economic factors and legal considerations Firms operate their business in climate of dynamic business environment and ongoing process, which is not steady due to many factors that influence their operational activities of business. The economics factors, and legal factors are among the very important factors that affect the economy as in the whole and the business in particular. To operate a business successfully in the dynamic environment and to follow the changes of the market, the broad of directors of ABC Complete Kitchens, Inc., should include economic and legal consideration in operations plan, to have reliable market conditions and avoid the product liability. However, the economic factors can be described as the external or internal factors that impact the financial status of the business such as labor costs, taxation, and interest rate etc. Where in the other hand, legal factors are the laws and rules that regulate the business to behave in the right way such organizational law, employment law, contract law, and securities law etc. This memorandum will describe and a will analyze the macro- and micro-...
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...first impression? In the early nineties, Stella Liebeck won a 2.7 million dollar lawsuit for spilling coffee in her lap. This article will reveal the facts, issues, laws, and affects about this case. Many believe that our legal system is out of control. What do you think about this news story? After reading this article you will be a more informed citizen about this case and you will think twice about judging someone based on a news headline. What are the Facts? In 1992, Stella Liebeck purchased a cup of hot coffee at a McDonald’s drive through in New Mexico while sitting in the passenger seat. She proceeded to take off the lid of the coffee cup in order to add cream and sugar. She then accidentally spilled the coffee into her lap where it soaked into her sweat pants that she was wearing. This caused third degree burns that resulted in a seven day stay in the hospital along with skin grafting to repair the damage that was done (Schostok, 2000). What are the Issues? The issue that is specific to this case is whether or not McDonald’s should be liable for selling coffee that is too hot? The broader issue is, should businesses be responsible for the safety of their customers? What Law Applies? The product liability law applies in this case, specifically the “implied warranty of fitness [that is] imposed by the Uniform Commercial Code” (Morgan, n.d.). What did the Jury decide? The jury decided to award Liebeck $200,000 for compensatory damages...
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...Kubasek, Brennan, & Browne (2011) great minds have always debated the purpose of laws. For instance, Plato expressed that law is a form of social control, and Aristotle posited that law is a rule conduct, an ideal of reason (Kubasek et al., 2011). No matter what ones philosophical views are in regards to legal systems whether good or bad, laws help societies maintain a sense of order, setting and maintaining a sense of normalcy, in efforts to prevent societal entropy. In America the foundation of our legal system is based on the U.S. Constitution created the nation’s founding fathers to ensure every citizen equal access to justice. Liebeck v. McDonalds and Pearson v. Chung are two highly publicize cases of Tort law. “The primary goal of tort law is to compensate the innocent persons who are injured or whose property as result of another conduct (Kubasel et al 2011, p.309). Both of these cases involve people who wanted to turn to the American legal system to obtain justice for civil wrong they felt incurred by a business. This paper will render an in depth analysis these two popular cases, exploring the facts, the issues and arguments pose in each case by asking eight critical questions that seek to evaluate the strength of both cases in comparison to one another. What are the facts of the cases? Liebeck v. McDonalds In February 1992 , Stella Liebeck, a 79...
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...scale continues unabated in the twenty-first century. CHAPTER OBJECTIVES After studying this chapter, you should be able to: 1. Define franchise and describe the various forms of franchises. 2. Describe the rights and duties of the parties to a franchise agreement. 3. Identify the contract tort liability of franchisors and franchisees. 4. Define licensing and describe how trademarks and intellectual property are licensed. 5. Describe how international franchising, joint ventures, and strategic alliances are used in global commerce. CHAPTER CONTENTS ISBN 0-558-40229-1 INTRODUCTION TO FRANCHISES AND SPECIAL FORMS OF BUSINESS FRANCHISE FRANCHISE AGREEMENT International Law • International Franchising LIABILITY OF FRANCHISOR AND FRANCHISEE Contemporary Environment • FTC Franchise Notice Case 40.1 • Martin v. McDonald’s Corporation 629 Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues , Seventh Edition, by Henry R. Cheeseman. Published by Prentice Hall. Copyright © 2010 by Pearson Education, Inc. 630 PART VIII BUSINESS ORGANIZATIONS AND ETHICS LICENSING JOINT VENTURE STRATEGIC ALLIANCE Contemporary Environment • Franchisor and Apparent Agency TERMINATION OF A FRANCHISE Case 40.2 • Dunkin’ Donuts of America, Inc. v. Middletown Donut Corporation “It has been uniformly laid down in this Court, as far back as we can remember, that good faith is the basis of all mercantile transactions.” —Judge Buller...
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...Introduction To Criminology Prof. Dr. Ayman Elzeiny A-why criminology? There is very important and critical questions , impose it self at our minds. why do people get paid to study crime and criminal behavior , and why do people engage in this area of study ? There are a variety of answers of these questions, built around many kinds of concerns , like the anxiety, anger , and fear that are common responses to crime of the future crimes . former victims of crimes may contribute of showing the importance of studying criminology by, transferring them experience and feeling of anxiety, anger, and fear which Generated from crimes to other persons . Then the need to study criminology become at the forefront of priorities , to predict and control crime; the hope of preventing crime through individual and social reform the wish to understand and explain crime and societal reactions to it; and the simple desire to learn more about crime and what it can tell us about our society . Criminologists disagree, sometimes violently, about which of these kinds of concerns are most legitimate and important . So Criminology was the composite result of the thinking and endeavors of many people, and them desire to the understanding the individual behavior and deviation and the structuring of the social order . The study of crime has engaged the interest of many academic disciplines. Building on centuries of philosophical debate, systematic attempts to explain crime emerged...
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...wrong with McDonald’s: Everything they don’t want you to know”. The publication made critical allegations of global fast-food chain McDonald’s. Distributed to the public by hand and online, the leaflet was received by a global audience.The publication made the following allegations, stating that McDonald’s: • was complicit in Third World starvation; • bought from greedy rulers and elites and practices economic imperialism; • wasted vast quantities of grain and water; • destroyed rainforests with poisons and colonial invasions; • sold unhealthy, addictive fast food; • altered its food with artificial chemistry; • exploited children with its advertising; • was responsible for torture and murder of animals; • poisoned customers with contaminated meat; • exploited its workers and banned unions; • hid its malfeasance (Wolfson, 1999, p. 21). McDonald’s deemed the publication defamatory of their reputation. Defamation is the publication of an untrue statement which reflects a person’s reputation and tends to lower him in the opinion of right-thinking members of society generally (Finch, 2007, p. 168). Initially, the multinational corporation threatened various broadcasters and five active members of London Greenpeace withlegal action if they did not withdraw the allegations. Under s.2 of The Defamation Act 1996 the publisher of a defamatory statement can make amends thus avoid liability if they provide a suitable correction or apology. Determined to not “give into intimidation...
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...express: In an express contract the two parties explicitly state all important terms of their agreement. This is the majority of contracts. implied: In an implied contract, the words and conduct of the parties indicate the intended agreement. This is less common. executory: one or more parties has not fulfilled obligations executed: all parties have fulfilled their obligations valid: satisfies all of the law's requirements unenforceable agreement: the parties intend to form a valid bargain but a court declares that some rule of law prevents enforcing it voidable: the law permits one party to terminate the agreement void agreement: neither party can enforce, usually because the purpose of the deal is illegal or one of the parties had no legal authority to make a contract Identify and describe the theories of recovery in contract law. express: In an express contract the two parties explicitly state all important terms of their agreement. This is the majority of contracts. (promise explicitly made, contract) implied: In an implied contract, the words and conduct of the parties indicate...
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...Chapter 1 Introduction To Criminology A-why criminology? There is very important and critical questions , impose it self at our minds. why do people get paid to study crime and criminal behavior , and why do people engage in this area of study ? There are a variety of answers of these questions, built around many kinds of concerns , like the anxiety, anger , and fear that are common responses to crime of the future crimes . former victims of crimes may contribute of showing the importance of studying criminology by, transferring them experience and feeling of anxiety, anger, and fear which Generated from crimes to other persons . Then the need to study criminology become at the forefront of priorities , to predict and control crime; the hope of preventing crime through individual and social reform the wish to understand and explain crime and societal reactions to it; and the simple desire to learn more about crime and what it can tell us about our society . Criminologists disagree, sometimes violently, about which of these kinds of concerns are most legitimate and important . So Criminology was the composite result of the thinking and endeavors of many people, and them desire to the understanding the individual behavior and deviation and the structuring of the social order . The study of crime has engaged the interest of many academic disciplines. Building on centuries of philosophical debate, systematic attempts to explain crime emerged from the developing biological...
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...Class Policies: Attendance Policy Students are expected to attend all regularly scheduled classes. Should absences be necessary, students are responsible for the material covered during the absences. Faculty cannot grant requests for excessive amounts of make-up material, and they may request written documentation detailing the reason for the absences. Excessive absences make it almost impossible for a student to meet the academic objectives of a course; they frequently cause a student to receive a lower grade, even though, the absences were unavoidable. Strayer University requires all faculty members to take attendance during each class period and to record it accurately on their permanent roster. This data is available for verification of attendance by the appropriate governmental agencies and educational accrediting organizations. A student who is absent from four consecutive class meetings, excluding holidays and emergency cancellation of classes, will be withdrawn automatically from that course. A student will be withdrawn automatically from a mini-session course when he/she misses two consecutively scheduled class meetings. Students not attending scheduled on-ground classes will receive zero points for the weekly discussions. Students arriving to class (or leaving class) more than 30 minutes late/early will receive a 2 point deduction for all discussions. Students arriving (or leaving class) more than 1 hour late/early will receive a 5 point deduction for all...
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...health and the environment. Cass Sunstein and other scholars, however, have consistently criticized the Principle, rejecting it as paralyzing, inflexible, and extreme. In this reassessment of the Strong Precautionary Principle, I highlight the significant benefits of the Principle for risk decision making, with the aim of rescuing the Principle from its dismissive critics. The Principle sends a clear message that firms must research the health and environmental risks of their products, before harm occurs. It does not call for the elimination of all risk, nor does it ignore tradeoffs, as Sunstein has alleged. Rather, through burden shifting, the Principle legitimately requires risk creators to research and justify the risks they impose on society. By exploring where the Principle already operates successfully in U.S. law—examples often overlooked by the critics—I highlight the Principle’s flexibility and utility in regulatory law. This Article uses chemical regulation as a case study in how the Principle can guide Congress in an ongoing controversy. Congress is considering a major overhaul of the flawed Toxic Substances Control Act of 1976 (TSCA), and this change could be one of the most significant developments in environmental law in a generation. This Article advocates implementing the Strong Precautionary Principle in a replacement statute for TSCA. Under my proposed licensing system, chemical manufacturers would carry the burden to demonstrate that their products do not pose...
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